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Posted By eddie savin
Im planning supervisor for a warehouse refurbishment project (i was only appointed at start of construction and i am still finding all the information) and the client wants to move some of there warehouse workers over.
The landlord (who as far as i know is making there own h & S arrangments) is replacing smoke vents in the ceiling (over 16 of them)and also adding additional drainage running the whole interior length of warehouse and there will be around 12 runs.
The landlord has given a 2 month time scale for the work, which the client isnt happy with.
After the landlord has finished his work a mezzanine deck is going to be built.
Now i would prefer the client not to move employees over to work in the warehouse when this work is going on.
Can I back this up with concret legislation as I cant find any examples of either they can or cannot bring a workforce over while CDM work is being carried out. Not to mention all the related hazards to the work going on.
hope some one can help
thanks
Eddie
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Posted By JEB
This sounds like a typical situation where the PS is appointed far to late. There are as far as I can determine from your thread a few assumptions on your part e.g. (The landlord (who as far as i know is making there own h & S arrangements) is replacing smoke vents in the ceiling} you need to clarify what is going on here as there will be be some type of height work and my experience of some the companies who carry out smoke vent work leads a lot to be desired. As far as I'm aware there is no legal reason why the warehouse staff can not be in the same location as the CDM work. However the PC must take account of this and provide safe access and egress to their work place and obviously their workplace needs to be free from any of the construction hazards, segregation of the two operations would be the ideal solution, I have insisted on heras fencing in similar situations. Both sets of employees should be briefed as to their responsibilities and restrictions. Your first move should be to arrange a meting with all the parties involved to clarify everyones roles and responsibilities.
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Posted By eddie savin
Thanks jeb. your right that the PS was appointed late. so i am playing catch up. The landlord has no intention of appointing me PS for his work. I would like to assume hes making his own arrangements but im not holding my breath. The PC isnt happy about having 2 sets of contractors on site hisown and the Landlords, but untill the landlord appionts someone thats the situation. At this point the lease for the building has yet to be signed by the client so that is causing a probelm. once they do then that will give us a more of a firmer position. Just hoping that there was a legal loophole that once the lease has been signed I could delay the client in bringing there people over.
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Posted By Ron Hunter
You state you were appointed after the start of construction work. This suggests:
(a) there was no input from you or opportunity to discuss or in any way influence the design; (b)you did not prepare a pre-tender H&S Plan; (c) you did not advise the client that the initial construction phase plan was suitably developed to allow the construction work to commence;
(d) the Project was Notified way after the time legally required;
(e) there is a real risk of contractor working on site without the authority of the Principal Contractor; and,
(f)this confusion over contractors will add difficulty & complexity to the effective gathering together of info for the H&S File.(and I bet the Client hasn't stipulated his requirements for the File!)
As Planning Supervisor you are legally required to comply with CDM Regulations 7, 14 & 15. From your posting you, personally, are already in breach of all three.You now face an obvious but difficult dilemma. My hearfelt advice to you is to walk away - now.
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Posted By ddraigice
Totally agree with Ron.
The other issue is that where the two construction activities are going on at the same location or have the potential to conflict with each other it should really be under one PC, PS and notification.
HSE could issue a PN if there's evidence the two are conflicting and if there's an accident you could be called upon as PS to answer why it wasnt brought to each client's attention.
As to the question of segregating the existing workforce - only if there is risk of things falling from above or transport risks or other likely hazards - likely in the case of the work you describe. This could mean the work might be limited to out of hours, for example, or parts of the factory fenced off.
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Posted By Martyn Hendrie
ddraigice,
I disagree that this should automatically be registered as one project.
What has been described seem to me to be two clients who have commissioned two projects on the same site. (This is a specific example in the CDM ACoP where there can be two projects on one site {clause 177})
Of course in such a case there would have to be adequate communication; co-operation and co-ordination between the two Principal contractors.
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Posted By ddraigice
Yes of course there can be more than one - didnt read the thread properly. I thought the work was being done for the client on behalf of the landlord but it looks like they are being done consecutively. It would be hard to suggest that the two are not linked though - under one umbrella of refurbishment of the warehouse, but that is not what the original posting was about
PN could still be issued if there is a conflict.
For the roof work - if there are no preotection measures to protect objects (or people) falling then you should consider segregating the area. Hopefully, the roofing contractors ra should cover this.... but ....
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Posted By Robert K Lewis
The root of this question seems to be around who provided permission for the landlord to undertake the work to the building. If it is your client then he cannot complain at the timescales involved arising from the need to ensure that the works are run consecutively rather than concurrently.
If the two construction clients had got their act together they could have made it a single project under a single PC who could then have applied a decent bit of planning to the activities thus enabling works to be moved along and phased together. With the intimate mix of tasks from two clients there is no real method by which you can call this two separated projects on one site. The acop envisages there to be no interrelationship between the two projects for this to be a satisfactory solution.
It is possible to perform this mixing act but normally only when a work area and safe access can be isolated from the main construction area. The PC would still take control overall however and this seems to be an issue.
I personally would only use this for works such as artists creating murals and other decorative effects, furniture installers and similar. I certainly would not be permitting final use people to enter until at least practical completion and handover have been agreed.
Two or three solutions -
Try some diplomatic head banging
Tell client he is up the creek until the landlord has finished
The third is the one already given - walk away and let them sort it. I hope you have not tied yourself into this without a no-cost exit route.
Bob
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Posted By eddie savin
thank you all for the responses. some further development is that i have been confirmed by the landlord as there planning supervisor!!! luckily any construction work there doing isn't scheduled until the end of this month but it is still cutting close and completely ignoring the planning/designing phase.
Had to do some diplomatic head banging but everyone is now on board. The PC has a few bugbears he is sorting out tomorrow but that's between him and them.
If the whole project collapses in on itself i have been guarantied my wage so that part is covered.
one thing i did insist is that if they appoint me planning supervisor that for notification reasons the principle contractor who already assigned has to become there principle contractor as when a f10 form will be submitted having 2 different names as the PC in the same construction phase would draw attention.
one question I'm not sure of:- should a new f10 be submitted or send one off as an amendment.
the work that needs to notified is the installing of smokevents, replacing of cladding and dismantling of some air conditioning units on the roof.
the construction of a mezzanine floor, offices and toilet block have been notified already and they aren't going to built until next year!
again thankyou everyone for your advice and input
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